U.S. Versus Domingo
G.R. No. L-17021, U.S. v. Dominguez
Republic of the Philippines
SUPREME COURT
Manila
EN BANC DECISION
February 23, 1921
G.R. No. L-17021
THE UNITED STATES, plaintiff-appellee, vs. ISAAC DOMINGUEZ, defendant-appellant.
Pablo, Guzman & Lucero for appellant.
Attorney-General Feria for appellee.
Villamor (Ignacio), J.:
The fact which gave rise to the present appeal is described in the information as follows:
That on or about 19th day of January, 1920, in the city of Manila, Philippine Islands, the said accused who was a salesman at the Philippine Education Co., Inc. did then and there receive the sum of seven pesos and fifty centavos (pesos 750) from one Lamberto Garcia as payment for five copies of Sam’s “Practical Business Letters” bought from the store of the said company, which amount should have been turned over and delivered by him (accused) to the company’s cashier or his authorized representative therein; that instead of delivering the said amount to the said cashier or his representative therein, which he knew it was his obligation to do, the said accused did then and there willfully, unlawfully and criminally misappropriate and convert it to his own personal use to the damage and prejudice of the said Philippine Education Co., Inc. in the sum of seven pesos and fifty centavos (pesos 7.50) equivalent to 37 ½ pesetas.
At the close of the trial the court found the accused guilty of the crime of estafa of the sum of pesos 7.50 and sentenced him to be imprisoned for two months and one day of arresto mayor, with the accessories provided by law, and costs.
Appeal having been taken to this to this Supreme Court, the counsel for the accused assigns, as error committed by the court, its finding that the accused is guilty of the crime charged and its action in imposing upon him the penalty corresponding to a principal in the crime of estafa.
It is proved that the accused, as salesman of the bookstore “Philippine Education Co., Inc.” sold on the morning of
Republic of the Philippines
SUPREME COURT
Manila
EN BANC DECISION
February 23, 1921
G.R. No. L-17021
THE UNITED STATES, plaintiff-appellee, vs. ISAAC DOMINGUEZ, defendant-appellant.
Pablo, Guzman & Lucero for appellant.
Attorney-General Feria for appellee.
Villamor (Ignacio), J.:
The fact which gave rise to the present appeal is described in the information as follows:
That on or about 19th day of January, 1920, in the city of Manila, Philippine Islands, the said accused who was a salesman at the Philippine Education Co., Inc. did then and there receive the sum of seven pesos and fifty centavos (pesos 750) from one Lamberto Garcia as payment for five copies of Sam’s “Practical Business Letters” bought from the store of the said company, which amount should have been turned over and delivered by him (accused) to the company’s cashier or his authorized representative therein; that instead of delivering the said amount to the said cashier or his representative therein, which he knew it was his obligation to do, the said accused did then and there willfully, unlawfully and criminally misappropriate and convert it to his own personal use to the damage and prejudice of the said Philippine Education Co., Inc. in the sum of seven pesos and fifty centavos (pesos 7.50) equivalent to 37 ½ pesetas.
At the close of the trial the court found the accused guilty of the crime of estafa of the sum of pesos 7.50 and sentenced him to be imprisoned for two months and one day of arresto mayor, with the accessories provided by law, and costs.
Appeal having been taken to this to this Supreme Court, the counsel for the accused assigns, as error committed by the court, its finding that the accused is guilty of the crime charged and its action in imposing upon him the penalty corresponding to a principal in the crime of estafa.
It is proved that the accused, as salesman of the bookstore “Philippine Education Co., Inc.” sold on the morning of